HC-NIC C/WPPIL/191/2015 ORDER that it is not a matter where competent authority exercised power in an arbitrary manner without keeping in view the minimal restriction on the fundamental rights. She submitted that normally, it should be left to the subjective satisfaction on the objective material by the competent authority for exercise of the power under Section 144 of the Code. She, therefore submitted that the petition may not be entertained by this Court. 5. At the outset, we may record that since the contention of no power has been canvassed by taking support of Section 69A of the Act in contradiction with the provisions of Section 144 of the Code, we find it appropriate to refer to reproduce Section 144 of the Code and Section 69A of the Act, which are as under: “144. Power to issue order in urgent cases of nuisance or apprehended danger.--(1) In cases where, in the opinion of a District Magistrate, a Subdivisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, Page 6 of 15 Page 6 of 15 Created On Thu Sep 17 08:11:45 IST 2015